Octopus Garden owner, employees charged in drug raid

Feds crack down on synthetic marijuana sales

From staff reports

Published: Wednesday, June 26, 2013 at 3:51 p.m.

Last Modified: Wednesday, June 26, 2013 at 3:51 p.m.

The owner of Octopus Garden smoke shops and several store managers and employees, including an East Flat Rock man, are among three dozen people who have been charged in Western North Carolina with conspiracy to distribute synthetic drugs.

A Fletcher man connected to Just Like That smoke shop in Weaverville was charged with conspiracy to distribute and possessing with intent to distribute substances containing synthetic stimulants or hallucinogens, and synthetic marijuana.

A total of three separate criminal indictments and a criminal complaint charging 30 men and women have been unsealed in U.S. District Court, Anne M. Tompkins, U.S. attorney for the Western District of North Carolina, announced Wednesday.

The arrests were part of nationwide crackdown on synthetic drugs, called “Project Synergy,” that resulted in charges against retailers, wholesalers and manufacturers in 35 states.

The indictments and criminal complaint in Western North Carolina are the result of joint local, state and federal investigations into head shops operating in Mecklenburg, Buncombe, Henderson, Transylvania and Mitchell counties.

According to filed court documents and court proceedings, head shops in the region sold synthetic drugs, such as synthetic marijuana, commonly referred to as “K2” or “Spice,” and/or synthetic stimulants or hallucinogens, commonly referred to as “bath salts,” Tompkins said in a news release.

The federal indictments and the criminal complaint remained sealed until the named defendants were arrested by law enforcement over a two-day period.

“Masking synthetic drugs with creative names and deceptive packaging does not change the fact that these substances are illegal, highly addictive and potentially deadly to those who use them,” Tompkins said in the release.

“The rise of synthetic drug use in the United States alone has reached epidemic proportions and has resulted in a sustained rise in emergency room visits, deaths, and violence among teens and young adults,” added Harry S. Sommers, special agent in charge of the DEA Atlanta Field Division.

Octopus Garden smoke shops

A criminal indictment charged the owner of the Octopus Garden smoke shops, seven store managers and seven employees with conspiracy to distribute, and possessing with intent to distribute, substances containing synthetic marijuana and related charges.

According to the indictment, the alleged conduct occurred between September 2011 and December 2012 in Buncombe, Henderson and Transylvania counties.

The synthetic marijuana was sold at Octopus Gardens’ seven locations under brand names such as “Mind Eraser,” “Vesuvius,” “Bizzaro,” “Voo Doo Child,” “Gro-Hi,” “Poseiden” and “Armageddon.”

Named defendants are:

--Zachary Adam Shuford, 33, of East Flat Rock.

--Gregory Scott Casey, 38, of Asheville.

--James Scott Covington Jr., 28, of Asheville.

--Patricia Davis, 54, of Asheville.

--Richard William Delalio Jr., 31, of Asheville.

--George Coleman Freiberg, 32, of Arden.

--Kristi Diane Key, 41, of Asheville.

--Peter Andrew Kunza, 26, of Weaverville.

--Gerald William Locklear, 60, of Asheville.

--Muriel Annette Ring, 32, of Maggie Valley.

--Sidney David Tureff, 85, of Asheville.

--Jeffery Shane Vendernick, 44, of Asheville.

--Jessica Michelle Webb, 27, of Candler.

--Timothy Gary Wilson, 30, of Asheville.

Shuford and all other defendants except Delalio and Ring are also charged with selling or offering to sell drug paraphernalia, such as glass pipes, intended for use in inhaling a controlled substance. Casey and Locklear are also charged with money laundering.

Shuford has been charged with one count of narcotics conspiracy involving synthetic marijuana and two counts of distributing synthetic marijuana. He faces up to 63 years in prison and up to $3.25 million in fines, if convicted.

During the course of the investigation, law enforcement seized more than $700,000 in cash and 247 ounces of silver, four vehicles and drug paraphernalia in raids on the shops.

The indictment includes a notice of forfeiture, which says the defendants must forfeit to the United States all of the property, currency and monetary instruments involved in the offenses charged in the indictment. It also requires the forfeiture of all property, currency and monetary instruments which are proceeds of such offenses.

“We hope by pursuing these cases, as well as the new synthetic drug law that will go into effect on July 1, 2013, we will be able to curtail the sale of these very dangerous substances,” Buncombe County Sheriff Van Duncan said in a news release announcing the charges.

House Bill 813, which was signed into law by Gov. Pat McCrory on June 12, outlaws all synthetic cannabinoids (marijuana) and places them under schedule VI of the controlled substances act, which also includes marijuana.

“Anyone wishing to establish a ‘head shop’ or similar type of business should not look to Henderson County as a community where they will be welcome or overlooked by law enforcement,” Henderson County Sheriff Charlie McDonald said in the release.

“Synthetic marijuana has been a problem we have dealt with for some time. It has caused many problems for its users in Transylvania County,” Transylvania County Sheriff David Mahoney said in the release. “The results of this investigation demonstrate the success that great partnerships can bring and these results will make a big impact in Transylvania County.”

The investigation into Octopus Garden was handled by the Department of Homeland Security, the Drug Enforcement Administration, the Henderson, Buncombe and Transylvania county sheriff’s Offices, the Buncombe County Anti-Crime Task Force, and the Transylvania County Narcotics Task Force.

Just Like That smoke shop

A separate indictment filed in the Western District charged Hermant Sahney, 53, of Fletcher with one count of narcotics conspiracy involving synthetic marijuana and/or synthetic cathinones (stimulants or hallucinogens), two counts of possession with intent to distribute synthetic marijuana and/or synthetic cathinones and one count of offering drug paraphernalia for sale.

If convicted, Sahney faces up to 63 years in prison and up to $3.25 million in fines.

Also charged with narcotics conspiracy and possession are Scott Braddock, 47, of Inman, S.C. and Isam Jaradat, 40, of Mars Hill. Jaradat was also charged with distribution of synthetic cathinones and offering paraphernalia for sale.

According to that indictment, the alleged conduct occurred in Buncombe and Henderson counties between June 2012 and January 2013.

The “bath salts” were sold at Just Like That smoke shop in Weaverville and elsewhere, under brand names such as “Snake Eyes,” “Eight Ballz,” “Tran Quility Bath Salts” and “Diamond Dust.”

The “K2” was sold at Just Like That and elsewhere, under brand names such as “Cool Beanz,” “Krypt,” “Purple Diesel Hydro,” “Spectacular,” “Zero Gravity” and “Super Kush.”

The investigation was handled by HSI, the Buncombe County Anti-Crime Task Force and the Buncombe and Henderson county sheriff’s offices.

The defendants are scheduled to have initial appearances Tuesday in U.S. District Court in Charlotte.

High Life smoke shops, Charlotte

A criminal complaint charged the owners of High Life Smoke Shops and their co-conspirators with conspiracy to distribute and to possess with intent to distribute a quantity of a mixture and substance containing a detectable amount of synthetic cathinones.

According to filed court documents, from the spring of 2012 through the present, the co-conspirators sold synthetic marijuana and bath salts at six head shops throughout Charlotte and surrounding areas.

Court documents show that the drug conspirators stored and distributed the synthetic drugs from two Charlotte-area warehouses. Court records indicate that along with the illegal drugs, the co-conspirators stored at the warehouses other drug paraphernalia, such as glass pipes, which were also sold at the head shops.

Pandora's Dreams smoke shop

A separate criminal indictment charged seven defendants with conspiracy to distribute and to possess with intent to distribute a quantity of a mixture and substance containing a detectable amount of synthetic cathinones and related charges. According to that indictment, the alleged conduct occurred in Mitchell and Mecklenburg counties from July 2012 to May 2013. The Bath Salts were sold at Pandora's Dreams head shop in Spruce Pine, N.C., under brand names such as “White Water Rapids”, “Snowman”, “Super Glass Cleaner," “Anti Monkey Butt Powder," “Dragon," and “Bushman's Repellant.”

Named defendants are:

--Matt Davis, age 32, of Charlotte.

--Kelly Higgins, age 24, of Burnsville

--John Newberry, age 40, of Spruce Pine

--Albert Tomes, age 41, of Bakersville

--Tina Tomes, age 43, of Bakersville

--Kevin Vickers, age 22, of Bakersville

--Lori Watts, age 46, of Spruce Pine

Newberry, Watts, Albert Tomes and Tina Tomes are also charged with selling or offering to sell drug paraphernalia, such as glass pipes, intended for use in inhaling a controlled substance.

Matt Davis and Tina Tomes are also charged with money laundering.

Mitchell County Sheriff Donald Street said, “I am very thankful for the assistance from the federal authorities on closing down these head shops. Our local head shop was creating a real nightmare for our county and was destroying many people's lives along the way.

"The arrest of the individuals involved in these businesses will hopefully show them and others the consequences of selling these very dangerous substances. This investigation is perfect example of what can be accomplished when local, state and federal authorities work together to solve problems in our local communities.”

“Synthetic cathinones (bath salts) and synthetic cannabinoids are two of the most widely abused drugs in Yancey County," said Yancey County Sheriff Gary Banks. "My office has seen a large increase in the number of users of these controlled substances over the past couple of years. I feel like this is directly related to the fact that these drugs were very easy to obtain in both Mitchell and Buncombe counties.

"Also, typically users of these controlled substances had the impression that these substances were ‘legal' to purchase and possess. I would like to thank everyone for their assistance in this investigation."

The defendants are scheduled to have initial appearances today in U.S. District Court in Charlotte. The charges contained in the indictments are allegations. The defendants are presumed innocent unless and until they proven guilty beyond a reasonable doubt in a court of law.

<p>The owner of Octopus Garden smoke shops and several store managers and employees, including an East Flat Rock man, are among three dozen people who have been charged in Western North Carolina with conspiracy to distribute synthetic drugs. </p><p>A Fletcher man connected to Just Like That smoke shop in Weaverville was charged with conspiracy to distribute and possessing with intent to distribute substances containing synthetic stimulants or hallucinogens, and synthetic marijuana.</p><p>A total of three separate criminal indictments and a criminal complaint charging 30 men and women have been unsealed in U.S. District Court, Anne M. Tompkins, U.S. attorney for the Western District of North Carolina, announced Wednesday.</p><p>The arrests were part of nationwide crackdown on synthetic drugs, called “Project Synergy,” that resulted in charges against retailers, wholesalers and manufacturers in 35 states.</p><p>The indictments and criminal complaint in Western North Carolina are the result of joint local, state and federal investigations into head shops operating in Mecklenburg, Buncombe, Henderson, Transylvania and Mitchell counties.</p><p>According to filed court documents and court proceedings, head shops in the region sold synthetic drugs, such as synthetic marijuana, commonly referred to as “K2” or “Spice,” and/or synthetic stimulants or hallucinogens, commonly referred to as “bath salts,” Tompkins said in a news release. </p><p>The federal indictments and the criminal complaint remained sealed until the named defendants were arrested by law enforcement over a two-day period. </p><p>“Masking synthetic drugs with creative names and deceptive packaging does not change the fact that these substances are illegal, highly addictive and potentially deadly to those who use them,” Tompkins said in the release. </p><p>“The rise of synthetic drug use in the United States alone has reached epidemic proportions and has resulted in a sustained rise in emergency room visits, deaths, and violence among teens and young adults,” added Harry S. Sommers, special agent in charge of the DEA Atlanta Field Division.</p><p><b>Octopus Garden smoke shops</b></p><p>A criminal indictment charged the owner of the Octopus Garden smoke shops, seven store managers and seven employees with conspiracy to distribute, and possessing with intent to distribute, substances containing synthetic marijuana and related charges. </p><p>According to the indictment, the alleged conduct occurred between September 2011 and December 2012 in Buncombe, Henderson and Transylvania counties. </p><p>The synthetic marijuana was sold at Octopus Gardens' seven locations under brand names such as “Mind Eraser,” “Vesuvius,” “Bizzaro,” “Voo Doo Child,” “Gro-Hi,” “Poseiden” and “Armageddon.” </p><p>Named defendants are:</p><p>--Zachary Adam Shuford, 33, of East Flat Rock. </p><p>--Gregory Scott Casey, 38, of Asheville.</p><p>--James Scott Covington Jr., 28, of Asheville.</p><p>--Patricia Davis, 54, of Asheville.</p><p>--Richard William Delalio Jr., 31, of Asheville.</p><p>--George Coleman Freiberg, 32, of Arden.</p><p>--Kristi Diane Key, 41, of Asheville.</p><p>--Peter Andrew Kunza, 26, of Weaverville.</p><p>--Gerald William Locklear, 60, of Asheville.</p><p>--Muriel Annette Ring, 32, of Maggie Valley.</p><p>--Sidney David Tureff, 85, of Asheville.</p><p>--Jeffery Shane Vendernick, 44, of Asheville.</p><p>--Jessica Michelle Webb, 27, of Candler.</p><p>--Timothy Gary Wilson, 30, of Asheville.</p><p>Shuford and all other defendants except Delalio and Ring are also charged with selling or offering to sell drug paraphernalia, such as glass pipes, intended for use in inhaling a controlled substance. Casey and Locklear are also charged with money laundering. </p><p>Shuford has been charged with one count of narcotics conspiracy involving synthetic marijuana and two counts of distributing synthetic marijuana. He faces up to 63 years in prison and up to $3.25 million in fines, if convicted.</p><p>During the course of the investigation, law enforcement seized more than $700,000 in cash and 247 ounces of silver, four vehicles and drug paraphernalia in raids on the shops.</p><p>The indictment includes a notice of forfeiture, which says the defendants must forfeit to the United States all of the property, currency and monetary instruments involved in the offenses charged in the indictment. It also requires the forfeiture of all property, currency and monetary instruments which are proceeds of such offenses.</p><p>“We hope by pursuing these cases, as well as the new synthetic drug law that will go into effect on July 1, 2013, we will be able to curtail the sale of these very dangerous substances,” Buncombe County Sheriff Van Duncan said in a news release announcing the charges.</p><p>House Bill 813, which was signed into law by Gov. Pat McCrory on June 12, outlaws all synthetic cannabinoids (marijuana) and places them under schedule VI of the controlled substances act, which also includes marijuana.</p><p>“Anyone wishing to establish a 'head shop' or similar type of business should not look to Henderson County as a community where they will be welcome or overlooked by law enforcement,” Henderson County Sheriff Charlie McDonald said in the release. </p><p>“Synthetic marijuana has been a problem we have dealt with for some time. It has caused many problems for its users in Transylvania County,” Transylvania County Sheriff David Mahoney said in the release. “The results of this investigation demonstrate the success that great partnerships can bring and these results will make a big impact in Transylvania County.” </p><p>The investigation into Octopus Garden was handled by the Department of Homeland Security, the Drug Enforcement Administration, the Henderson, Buncombe and Transylvania county sheriff's Offices, the Buncombe County Anti-Crime Task Force, and the Transylvania County Narcotics Task Force.</p><p><b>Just Like That smoke shop</b></p><p>A separate indictment filed in the Western District charged Hermant Sahney, 53, of Fletcher with one count of narcotics conspiracy involving synthetic marijuana and/or synthetic cathinones (stimulants or hallucinogens), two counts of possession with intent to distribute synthetic marijuana and/or synthetic cathinones and one count of offering drug paraphernalia for sale. </p><p>If convicted, Sahney faces up to 63 years in prison and up to $3.25 million in fines.</p><p>Also charged with narcotics conspiracy and possession are Scott Braddock, 47, of Inman, S.C. and Isam Jaradat, 40, of Mars Hill. Jaradat was also charged with distribution of synthetic cathinones and offering paraphernalia for sale. </p><p>According to that indictment, the alleged conduct occurred in Buncombe and Henderson counties between June 2012 and January 2013. </p><p>The “bath salts” were sold at Just Like That smoke shop in Weaverville and elsewhere, under brand names such as “Snake Eyes,” “Eight Ballz,” “Tran Quility Bath Salts” and “Diamond Dust.” </p><p>The “K2” was sold at Just Like That and elsewhere, under brand names such as “Cool Beanz,” “Krypt,” “Purple Diesel Hydro,” “Spectacular,” “Zero Gravity” and “Super Kush.” </p><p>The investigation was handled by HSI, the Buncombe County Anti-Crime Task Force and the Buncombe and Henderson county sheriff's offices.</p><p>The defendants are scheduled to have initial appearances Tuesday in U.S. District Court in Charlotte. </p><p><b>High Life smoke shops, Charlotte</b> </p><p>A criminal complaint charged the owners of High Life Smoke Shops and their co-conspirators with conspiracy to distribute and to possess with intent to distribute a quantity of a mixture and substance containing a detectable amount of synthetic cathinones. </p><p>According to filed court documents, from the spring of 2012 through the present, the co-conspirators sold synthetic marijuana and bath salts at six head shops throughout Charlotte and surrounding areas.</p><p>Court documents show that the drug conspirators stored and distributed the synthetic drugs from two Charlotte-area warehouses. Court records indicate that along with the illegal drugs, the co-conspirators stored at the warehouses other drug paraphernalia, such as glass pipes, which were also sold at the head shops.</p><p><b>Pandora's Dreams smoke shop</b></p><p>A separate criminal indictment charged seven defendants with conspiracy to distribute and to possess with intent to distribute a quantity of a mixture and substance containing a detectable amount of synthetic cathinones and related charges. According to that indictment, the alleged conduct occurred in Mitchell and Mecklenburg counties from July 2012 to May 2013. The Bath Salts were sold at Pandora's Dreams head shop in Spruce Pine, N.C., under brand names such as “White Water Rapids”, “Snowman”, “Super Glass Cleaner," “Anti Monkey Butt Powder," “Dragon," and “Bushman's Repellant.” </p><p>Named defendants are:</p><p>--Matt Davis, age 32, of Charlotte.</p><p>--Kelly Higgins, age 24, of Burnsville</p><p>--John Newberry, age 40, of Spruce Pine</p><p>--Albert Tomes, age 41, of Bakersville</p><p>--Tina Tomes, age 43, of Bakersville</p><p>--Kevin Vickers, age 22, of Bakersville</p><p>--Lori Watts, age 46, of Spruce Pine</p><p>Newberry, Watts, Albert Tomes and Tina Tomes are also charged with selling or offering to sell drug paraphernalia, such as glass pipes, intended for use in inhaling a controlled substance.</p><p>Matt Davis and Tina Tomes are also charged with money laundering. </p><p>Mitchell County Sheriff Donald Street said, “I am very thankful for the assistance from the federal authorities on closing down these head shops. Our local head shop was creating a real nightmare for our county and was destroying many people's lives along the way. </p><p>"The arrest of the individuals involved in these businesses will hopefully show them and others the consequences of selling these very dangerous substances. This investigation is perfect example of what can be accomplished when local, state and federal authorities work together to solve problems in our local communities.”</p><p>“Synthetic cathinones (bath salts) and synthetic cannabinoids are two of the most widely abused drugs in Yancey County," said Yancey County Sheriff Gary Banks. "My office has seen a large increase in the number of users of these controlled substances over the past couple of years. I feel like this is directly related to the fact that these drugs were very easy to obtain in both Mitchell and Buncombe counties. </p><p>"Also, typically users of these controlled substances had the impression that these substances were 'legal' to purchase and possess. I would like to thank everyone for their assistance in this investigation." </p><p>The defendants are scheduled to have initial appearances today in U.S. District Court in Charlotte. The charges contained in the indictments are allegations. The defendants are presumed innocent unless and until they proven guilty beyond a reasonable doubt in a court of law.</p>